California employment laws are among the most comprehensive in the nation, and specifically prohibit workplace and housing discrimination against a wide range of protected groups. Notably, discrimination on the basis of gender identity is against these laws. “Gender identity” refers to a person’s self-concept of his or her own gender, which may not always be the same as that person’s biological gender. Gender identity is distinct from sexual orientation and gender expression, though they are closely linked. While everyone has a gender identity, workers whose identities do not correspond with their assigned genders are more likely to face discrimination in the workplace. However, this is illegal in California, meaning that workers may file an employment lawsuit if they experience such discrimination.

What Is Gender Discrimination?

Gender discrimination occurs when an employer treats an employee differently on the basis of the employee’s gender.

Below are examples of conduct that California courts have found to be unlawful gender discrimination:

• Terminating a female employee because she is pregnant, breastfeeding or has a medical condition related to pregnancy
• Failing to hire a female for believing she may get pregnant
• Failing to hire a female who has young children, but hiring men with young children
• A policy that imposes a weight restriction on female employees, but no similar restriction on male employees
• Failing to hire a female applicant for a job that stereotypically is performed by a male

What Are You Entitled To Recover In A Gender Discrimination Case?

• All lost wages, income, earnings or salary you lost, and will lose in the future, as the result of the discriminatory conduct
• Monetary compensation for your past and future mental suffering, inconvenience, anxiety, humiliation, and emotional distress
• Punitive damages to deter your employer from engaging in similar conduct in the future

More Questions About California Gender Identity Discrimination Laws? Contact Us

If you are a victim of workplace discrimination, then contact Tous Law today. We have years of experience helping victims of discrimination at work, including gender identity and sexual orientation discrimination. Call: 714-766-0264